dmca/2016/2016-11-07-IBM-counternotic...

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Hello all,
my name is [private]
I live in:
[private]
mobile: [private]
I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
I am writing about the following take down notice from IBM:
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To Whom It May Concern:
We represent IBM Corporation ("IBM") in connection with its popular Load
Sharing Facility ("LSF") software, including IBM Spectrum LSF 10.1 and its
prior versions ("IBM's Software").
It recently has come to IBM's attention that a software project titled
"openlava" has been uploaded to GitHub, Inc.'s ("GitHub") website and
includes unauthorized copies of IBM's Software (the "Infringing Software").
The Infringing Software, which includes each branch of "openlava" starting
with at least version 3.0, is available at the following online locations:
https://github.com/openlava/openlava/tree/master
https://github.com/openlava/openlava/tree/4.0.0
https://github.com/openlava/openlava/tree/4.0beta2
https://github.com/openlava/openlava/tree/4.0beta
https://github.com/openlava/openlava/tree/ffgg
https://github.com/openlava/openlava/tree/3.3
https://github.com/openlava/openlava/tree/3.2
https://github.com/openlava/openlava/tree/3.1
https://github.com/openlava/openlava/tree/3.0
https://github.com/openlava/openlava/tree/license_broker
https://github.com/openlava/openlava/tree/resize
\----------------------------------------------------------------------------------
I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
The International Business Machine Corporation (IBM) allegations are false and fabricated. I was never an IBM employee. I worked for [private] in [private] to which I have contributed many years of service and dedication. After I left [private], I was never an IBM employee, I worked on [private] which [private] released under GPL2 license in 2007.
Any development I did is under GPL2 as can bee seen by the software itself and I have never copied any IBM code whatsoever which I did not have even access too. I only used my knowledge accumulated in years working for [private] which had never anything to do with IBM. All my legal obligation of non disclosure and non compete have long expired.
It is my work, my intelligence and my endeavor that eventually IBM took advantage of sell and promote their LSF product.
I consent to the jurisdiction of Federal District Court of Northern California,
I will accept service of process from the person who provided the DMCA notification or an agent of such person.
Thanks
[private]
www.openlava.org